REPUBLIC OF THE PHILIPPINES

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE VII
CEBU CITY POLICE OFFICE
Traffic Patrol Group
N. Bacalso Ave., Cebu City

People of the Philippines TG Case No. _____

Complainant, For:Reckless
Imprudence
Resulting in
-versus- Homicide

JURRIE CORTES SOTTO (At Large),

Respondent.
x---------------------------------------/

COUNTER- AFFIDAVIT

I, JURRIE CORTES SOTTO, Filipino, of legal age, married and

presently residing at Brgy. Bagalnga, Compostela, Cebu, Philippines, after
having been sworn in accordance with law do hereby depose and say THAT:

1. I am the same person who is charged with the crime of RECKLESS

IMPRUDENCE RESULTING IN HOMICIDE pending before the the
Philippine National Police, Regional Office VII, Cebu City,
Philippines;

2. That Paragraph 7 of the Judicial Affidavit of the Witness EDUARDO

OPONE TIBAS, JR. (Witness A) and of the Witness GLENN
CONO FAMADOR (Witness B) both dated 26th of March 2014 is
hereby denied. The truth of the matter are as follows:

1
 2.1) That on August 25, 2013 at around 7:30 in the evening, I
noticed that there is a defective sound in my driven unit, SUZUKI
MULTICAB with Plate No. MFL 641;
2.2) That because of this, it prompted me to go to the right most
side of the road to check the same;
2.3) That in fact, while I was moving to the right most side of
the road, the Victim HIPOLITO YAGONO ALPARA (Victim),
the front portion of the unit driven by the victim suddenly hit the
left rear of my car.

3. That under Article 365 of the Revised Penal Code, Reckless

Imprudence is defined as follows:

consists in voluntarily, but without malice, doing or failing to

do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing
or failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place"(Emphasis Ours).

10. That in the case of ROGELIO J. GONZAGA vs. PEOPLE OF THE

PHILIPPINES, G.R. No. 19567, January 21, 2015 the Court held that To
constitute the offense of reckless driving, the act must be something more
than a mere negligence in the operation of a motor vehicle a willful and
wanton disregard of the consequences is required (Emphasis Ours);

11. That under the same case the Court held that a Willful, wanton or
reckless disregard for the safety of others within the meaning of reckless
driving statutes has been held to involve a conscious choice of a course of
action which injures another, either with knowledge of serious danger to
others involved, or with knowledge of facts which would disclose the danger
to any reasonable person. Verily, it is the inexcusable lack of precaution or
conscious indifference to the consequences of the conduct which
supplies the criminal intent and brings an act of mere negligence and
imprudence under the operation of the penal law, without regard to
whether the private offended party may himself be considered likewise at
fault. (Emphasis Ours);

12. In other words, to constitute reckless imprudence, there must be a wilful

and wanton disregard for the safety of othersthere must be a conscious
indifference to the consequences of the act;

2
13. That in view of the above-foregoing, the herein Accused went to the
right most side of the road facing the downtown area because he suspected
that there is a defect in the driven unit. There was neither conscious effort
nor any conscious intention on his part to disregard the safety of others as he
was only going to the right most side of the road when the Victim suddenly
hit the left rear of the unit driven by the Accused.;

14. Lastly, the Accused acted without wanton and wilful disregard of safety
of others which constituted the offense charged. Consequently, the Accused
cannot be guilty thereof.;

11. The Accused reserves the right to file a SUPPLEMENTAL

AFFIDAVIT;

12. The Accused reserves the right to file a REJOINDER-AFFIDAVIT.

PRAYER
WHEREFORE, premises considered, in the interest of justice, it is
respectfully prayed that the instant complaint be DISMISSED for lack of
merit.
FURTHER, the herein Accused respectfully prays for such and other reliefs
as may be deemed just and equitable in the premises.

TO THE TRUTH OF THE FOREGOING, I have signed this Counter-

Affidavit on July 28, 2017.

JURRIE CORTES SOTTO

Affiant

SUBSCRIBED and SWORN TO BEFORE ME, this 28th day of July 2017 at
Cebu City.

Miguel Capahi
Counsel for the Defense
Roll of Attorney No. 1234

3
 PTR No. 5678, January 2015, Cebu City
IBP No. 91011, January 15, Cebu City
MCLE Compliance No. I-121314 10/21/16

CERTIFICATION

I hereby certify that I have personally examined the Affiant and that I
am satisfied that he voluntarily executed and understood his Affidavit.

Johanna Y. Garces
Counsel for the Defense
Roll of Attorney No. 1111
PTR No. 1111-22, January 2018, Cebu City
IBP No. 3333-44, January 2018, Cebu City
MCLE Compliance No. I-1111 11/21/16

Copy Furnished:

PHILIPPINE NATIONAL POLICE, Regional Office VII

N. Bacalso Ave., Cebu City